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HC refuses anticipatory bail for Duminda

The Colombo High Court yesterday rejected an application made by Western Provincial Council member Duminda Silva, pleading for anticipatory bail in the event of an arrest on a complaint lodged by actress Anarkalli Akarsha’s mother.

Duminda Silva told the Court that the police had filed a ‘B report’ against him at the Magistrate’s Court Mt. Lavinia under the Firearms Ordinance, following a complaint by Indrani Vijayamenike Jayathilaka, the mother of Anarkalli Akarsha, alias Anarkalli Janitha Jayathilake, that Duminda Silva had forcibly held them in custody when they went to meet a film producer at Swarna Road, Wellawatta on July 03 2008. It was alleged that Duminda Silva and several other persons threatened them with pistols.

The suspect Duminda Silva had released Anarkalli and her mother after 15 minutes, she said.

When Duminda Silva’s lawyers made an application for anticipatory bail, to the Mt. Lavinia Magistrate’s Court, the police had objected to the application. On July 25 the Magistrate had rejected the application for anticipatory bail. Duminda Silva had filed the present application before the High Court of Colombo, challenging the decision of the Magistrate not to grant him bail.

When the case came up before High Court Judge Sunil Rajapakse, it was noted that the suspect has the opportunity to ask for bail when the trial commences before the Magistrate, as the B report has already been filed before the Magistrate. The Judge further mentioned that there is a possibility that the suspect could influence the witnesses of the case, considering his past record. The Judge stated that the Court would not consider a bail application merely because the applicant was a famous person. As the suspect had engaged in several other offences of the same nature in the past, the Judge noted that there is a possibility that he would engage in similar offences again.

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